EPA v. STANDARD PACIFIC/CALATLANTIC HOMES (WIREGRASS RANCH 1D)

Case summary

9/13/2016 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $31,035, DUE WITHIN 30 DAYS. ALLEGATIONS: ON MAR 23, 2015, EPA AND FDEP PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER. AS A RESULT OF THE CSWEI, AND SUBSEQUENT INVESTIGATIVE EFFORTS, EPA HAS DETERMINED THAT STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY WAS DISCHARGED FROM THE DEVELOPMENT. BASED ON THE CSWEI AND REVIEW OF ADD'L INFO, EPA ALLEGES THAT RESPONDENT HAS FAILED TO COMPLY WITH THE CWA, ITS IMPLEMENTING REGS, AND THE PERMIT AS FOLLOWS: A. DURING THE CSWEI, THE NOI WAS NOT POSTED AT THE DEVELOPMENT IN A PROMINENT PLACE FOR PUBLIC VIEWING (SUCH AS ALONGSIDE A BLDG PERMIT), IN VIOLATION OF THE PERMIT. B. DURING THE CSWEI, EPA OBSERVED STORM DRAIN INLET PROTECTION THAT WAS INCORRECTLY INSTALLED AND DAMAGED, APPARENT LACK OF ADEQUATE WASTE CONTROLS (NO CONCRETE WASHOUT/PAINT WASHOUT LOCATION FOR CONTRACTOR USE), AND SITUATIONS WITH UNMAINTAINED SILT FENCE, IN VIOLATION OF THE PERMIT. C. DURING THE CSWEI AND DURING THE REVIEW OF MATERIALS SUBMITTED TO EPA, EPA OBSERVED THAT RESPONDENT DID NOT MAINTAIN RECORDS OF AND/OR CONDUCT CONSISTENT SITE INSPECTIONS, AND/OR USE A QUALIFIED INSPECTOR FOR SOME INSPECTIONS, THAT MUST BE CONDUCTED EVERY 7 DAYS OR WITHIN 24 HOURS OF A RAINFALL EVENT OF 0.5 INCHES OR GREATER, IN VIOLATION OF THE PERMIT. D. RESPONDENTS' INSPECTION REPORTS OF THE DEVELOPMENT DID NOT CONSISTENTLY DOCUMENT ACTIONS REQUIRED OR ACTIONS COMPLETED TO ADDRESS BEST MANAGEMENT PRACTICE DEFICIENCIES, IN VIOLATION OF THE PERMIT. E. AT THE TIME OF THE CSWEI, RESPONDENT COULD NOT PROVIDE CERTIFICATION STATEMENTS FROM SUBCONTRACTORS FOR EPA TO REVIEW, IN VIOLATION OF THE PERMIT. F. DURING THE CSWEI, EPA OBSERVED THAT RESPONDENT DID NOT MAINTAIN ON SITE COPIES OF OLDER INSPECTION REPORTS, IN VIOLATION OF THE PERMIT.

Defendants (2)

• STANDARD PACIFIC OF FLORIDA GP, INC.Named in complaintNamed in settlement
• WIREGRASS RANCH 1DNamed in complaintNamed in settlement

Facilities (1)

• WIREGRASS RANCH PHASE 1D

  .6 MILES ENE OF INT BRUCE DOWNS BLVD & MYSTIC OAK, WESLEY CHAPEL, FL, 33544

  Registry ID: 110057197518

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• STANDARD PACIFIC/CALATLANTIC HOMES (WIREGRASS RANCH 1D)entered 2016-09-13

  Primary law: CWA

  Federal penalty: $31,035

Timeline (5 milestones)

• 2016-09-13Complaint Filed/Proposed Order
• 2016-09-13Final Order Issued
• 2016-09-16Enforcement Action Data Entered
• 2016-10-20NPDES Closed
• 2016-10-20Enforcement Action Closed